Riordan v. Fullam

This appeal poses one primary question: Is a petition contesting a will subject to a demurrer, motion to strike, or motion to elect, where the petition pleaded (a) that the contested will was a forgery, both as to the signature of one of the witnesses and that of the testatrix, (b) that, if not a forgery, the testatrix’ signature was obtained by fraud and undue influence, and (c) that the testatrix lacked the mental capacity to execute a will?

RCW 11.24.010 [erf. Rem. Rev. Stat., § 1385], relating to will contests, provides in part as follows:

“Issue shall be made up, tried and determined in…